Investigates

DENVER (CBS4) ― The Federal Aviation Administration says there are no problems with air safety over Denver, despite an internal FAA memo written in February and obtained by CBS4 that the agency now admits sounds "alarming."

The February memo regarding Denver air safety "leaves a lot of questions out there" about what's going on in the skies above Denver, according to FAA administrator Kathryn Vernon.

The Feb. 19 memo was written by Kevin Stark, the FAA's Acting Air Traffic Manager at the Denver Air Route Traffic Control Center. Titled "Denver Traffic" and sent to "all personnel," the two-page memo discusses recent changes in air traffic flow into Denver International Airport.

Stark writes that the control center that manages air traffic around Denver "has indicated that the loss of a large number of their experienced employees, the relative inexperience of many of their current controllers, and the increase in volume has created a situation they can no longer accept. They have indicated that the volume issues created by eight different routes flowing into their airspace routinely creates situations that put their controllers at risk, and they are unable to provide the level of service our customers deserve."

"As the letter is written, I would agree with you it sounds alarming," said Kathryn Vernon, the FAAs Director of Western Terminal Operations. "And I understand the letter makes it look like we had a situation we had to get under control. I would disagree with that," said the FAA official. "There is not a safety issue in the Denver airspace and Colorado airspace."

A CBS4 investigation reveals two recent "close calls" over Colorado, both in January, both involving major airlines, and in both incidents, collision avoidance systems were activated in the passenger jets, helping prevent mid-air collisions.

"If the pilots have to use their … collision avoidance systems, the system has failed," said Bruce Lampert, a pilot and aviation attorney in Broomfield.

Lampert says relying on cockpit collision avoidance systems is "the third layer of safety, the last safety net to prevent mid-air collision and death."

On Jan. 23, a Frontier airlines flight from Seattle was approaching DIA. But an air traffic controller in Denver turned the Frontier flight south toward a SkyWest flight that was at the same altitude, 25,000 feet; and was also on approach to DIA. What's known as "resolution advisories" sounded in both cockpits. That's an automated voice telling each pilot what sort of evasive action they need to take to avoid a crash.

The incident is listed as an "operational error" by the FAA with the planes being allowed to get closer to each other than air traffic standards allow.

Same with a Jan. 29 incident. A United Airlines 757 from Sacramento was on approach to DIA. But a controller inadvertently turned the United jet toward a commuter aircraft also approaching DIA. The collision avoidance system was activated in the United cockpit and the pilot took evasive action, flying beneath the other plane to avoid a collision. Indications are the two planes came within about a mile of each other, and about 800 vertical feet. FAA standards call for at least three miles of horizontal separation in a situation like this. Lampert says this is "absolutely" a near miss.


Lyle Burrington, president of the local air traffic controllers union and a 20-year air traffic control veteran says, "In order for the TCAS (Traffic alert and Collision Avoidance System) to go off, it has to be really close. It's a systemic problem that's worrisome."

Controllers have long claimed that due to a wave of retirements, the FAA has too many inexperienced controllers, too few controllers overall and an air traffic system that's overburdened. The FAA has always rebuffed those claims. But the recently obtained memo from Kevin Stark of the FAA does suggest there is anxiety within the agency over the experience of its controllers, especially in Denver. DIA is listed as the 4th busiest airport in the U.S. by the FAA.

"There is no reason for the public to lose confidence," said Vernon. "In looking at Mr. Stark's letter, I agree it leaves a lot of questions out there. But there is not a safety issue in the Denver airspace and Colorado airspace."

Vernon points to FAA figures that show controller errors in Colorado declining in 2009 when compared to 2008. Those "operational errors" can lead to what's known as a "loss of separation" between aircraft -- planes being allowed to get closer together than FAA guidelines allow. The FAA says of the eight operational errors in 2009 in Colorado airspace, six came at the hands of "senior controllers."

FAA figures do show the number of certified professional controllers in the Denver terminal radar approach control dropped from 37 in 2007 to 34 in 2009; and the number of controllers "in training" rose from 8 to 11, while the number of "developmental" controllers more than doubled -- from 10 in 2007 to 24 in 2009.

''They've created an unsafe situation where the inexperienced controllers are having trouble working the day-to-day airplanes," said Burrington.

Vernon calls this a "transition" period.

"Safety has never been jeopardized," she said.

Additional Information

Read the FAA memo.

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